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People v. Ireland

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1075 (N.Y. App. Div. 1995)

Opinion

December 22, 1995

Appeal from the Oneida County Court, Murad, J.

Present — Denman, P.J., Lawton, Wesley, Balio and Davis, JJ.


Case held, decision reserved and matter remitted to Oneida County Court for further proceedings in accordance with the following Memorandum: A reconstruction hearing was held in this case to establish whether defendant was present at an in-chambers Sandoval conference. The record of that hearing shows that the issue of defendant's presence was sharply contested. The attorneys declined County Court's offer to render a decision, erroneously believing that no decision was required at that point. Because issues of credibility should ordinarily be determined by the hearing court, which saw and heard the witnesses (see, People v Michalek, 218 A.D.2d 750), we reserve decision and remit the matter to County Court to make findings of fact and determine whether defendant was present at the Sandoval hearing (see, People v Miller [appeal No. 1], 221 A.D.2d 1001; cf., People v James, 221 A.D.2d 963).


Summaries of

People v. Ireland

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 22, 1995
222 A.D.2d 1075 (N.Y. App. Div. 1995)
Case details for

People v. Ireland

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK D. IRELAND…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 22, 1995

Citations

222 A.D.2d 1075 (N.Y. App. Div. 1995)
636 N.Y.S.2d 694

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